Rudal Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54945 of 2018 Arising Out of PS. Case No.-238 Year-2018 Thana- BIHIA District- Bhojpur ====================================================== Rudal Sharma S/o Mahendra Sharma, R/o Vill./Mohalla- Nouse Tand, Mathiya, P.S.- Bihiya, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihiya P.S. Case no. 238 of 2018, registered under Sections 414, 420, 467, 468, 471 and 120-B/34 of the Indian Penal Code.

Co-accused Kishun Kumar is said to have been apprehended with stolen motorcycle during the course of vehicle checking and has named the petitioner as one of his fleeing accomplice in the occurrence. The said accused in his confessional statement has stated that the stolen TVS motorcycle has been kept at the house of the petitioner and the said motorcycle was recovered from his house.

Patna High Court Cr.Misc. No.54945 of 2018(4) dt.12-12-2018 2/2 Learned counsel for the petitioner submits that no occurrence as alleged ever took place. He has been falsely implicated in this case by the co-accused Kishun Kumar due to animosity. The house of the petitioner is inhabited by his several family members and he had no knowledge of parking of the said motorcycle in his house. There is violation of Section 100 Cr.P.C. Moreover, no F.I.R. regarding the theft of the aforesaid motorcycle has been lodged. Petitioner was not apprehended on the spot.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Bhojpur at Ara in connection with Bihiya P.S. Case No. 238 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) Trivedi/- U T